Mum’s fury over doctor reinstated after son’s death
said: “I’m very pleased with the outcome but I want to pay tribute and remember Jack Adcock, a wonderful little boy, that started the story.
“I want to let the parents know that I’m sorry for my role in what has happened to Jack.”
Jack, who had Down’s Syndrome and a known heart condition, had been admitted to the hospital with vomiting and diarrhoea.
At the trial the court heard the boy’s death was caused by “serious neglect” by staff who failed to recognise his body was “shutting down” and close to death, the prosecution claimed.
Bawa-Garba made the “remarkable error” of mistaking Jack for another patient and placing him under a “do not resuscitate” order. She only resumed treatment when a junior doctor pointed out the error, although the prosecution accepted Jack had already been “past the point of no return”.
Dr Bawa-Garba said she had worked a 12-hour shift with no break and there was a lot of miscommunication in the ward.
Her appeal was funded by medics because they said the ruling would discourage practitioners from being open when reviewing mistakes.
Dr Samantha Batt-Rawden, chair of the Doctors’ Association UK, said she believed the Court of Appeal reached the right decision, but that no-one was going to be “celebrating”.
She said: “Our thoughts are with Jack’s family, who have seen this case drag on for years.
“Once again their grief has been thrown into the spotlight.
“If the judgment had gone the other way it would have sent a clear message that, if you make an honest mistake as a doctor while trying to do your best with very limited resources, you will be pursued in the courts and could end up with a criminal conviction.”